In the Name of the Rule of Law? CJEU Further Extends Jurisdiction in CFSP (Bank Refah Kargaran)

Insight

Abstract: In Bank Refah Kargaran (case C-134/19 P Bank Refah Kargaran v Council ECLI:EU:C:2020:793), the Court of Justice decided that it has jurisdiction to award damages for non-contractual liability incurred by the EU for harm caused by certain restrictive measures in Common foreign and security policy (CFSP) decisions. In so...

H v. Council: Strengthening the Rule of Law in the Sphere of the CFSP, One Step at a Time

Insight

Abstract: In its judgment in the case of H v. Council et al., the Grand Chamber of the ECJ recognised the jurisdiction of the CJEU to assess the validity under EU law of a decision by the Chief of Personnel of the European Union Police Mission in Bosnia-Herzegovina (EUPM) to redeploy an Italian magistrate, seconded to the EUPM in Sarajevo,...

On Conferral, Institutional Balance and Non-binding International Agreements: The Swiss MoU Case

Insight

Abstract: In its judgment in the Swiss MoU case, the Grand Chamber of the European Court of Justice (ECJ) annuls a European Commission decision on the signing of an addendum to a Memorandum of Understanding with Switzerland on the subject of Switzerland’s financial contributions to ensure that country’s continued access to the internal...

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